Deck 7: Gender and Family Issues: Title Vii and Other Legislation

Question 1

The Equal Pay Act does not cover state and local government employees.

Answer 1

False

Question 2

An employer may require a second or third medical opinion at the employee's expense when the employee applies for leave under serious health condition.

Answer 2

False

Question 3

The provision that men and women performing substantially equal work should be paid equally is part of the:

A)the Equal Pay Act.
B)the Family and Medical Leave Act.
C)the Pregnancy Discrimination Act.
D)"Gender-Plus" Discrimination.

Answer 3

A

Question 4

An employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender does not violate Title VII.

Question 5

An organization claiming to act in good faith under Equal Pay Act need not show objective reason for its belief that it was acting legally as it is not considered as evidence in the court of law.

Question 6

The EEOC clearly states that sexual harassment does not amount to gender discrimination and hence does not violate Title VII.

Question 7

The Equal Pay Act's coverage is similar to that of the Fair Labor Standards Act.

Question 8

In Fountain v. Safeway Stores, Inc. the court held that men may be required to wear a necktie while women are not.

Question 9

An employer who requires women to wear a uniform but has no such requirement for men violates Title VII of Civil Rights Act.

Question 10

Employers who fire pregnant employees because of the assumption that the employees will likely be absent from work for lengthy periods is a violation of Title VII.

Question 11

Which of the following reasons is sufficient to support a bona fide occupational qualification (BFOQ)?

A)Employer convenience
B)Customer preference
C)Co-worker preference
D)Business necessity

Question 12

When the pay differentials between the male and female employees are due to a seniority system, a merit pay system, a productivity-based pay system, or "a factor other than sex," the pay differentials do not violate Title VII.

Question 13

There is no provision for employers' defense under The Equal Pay Act.

Question 14

The Family and Medical Leave Act, allows eligible employees to take up to twelve weeks of unpaid leave in any twelve months.

Question 15

The Equal Pay Act of 1963 requires that women should be paid more than men even if they perform substantially equal work in same establishment.

Question 16

Section 703(e) (1)of the Bona Fide Occupational Qualification allows employer to select employees based on sex and gender in certain instances.

Question 17

The Equal Pay Act's coverage is similar to that of the:

A)National Labor Relation Act.
B)Pregnancy Discrimination Act.
C)Fair Labor Standards Act.
D)Occupational Safety and Health Act.

Question 18

Title VII of the Civil Rights Act protects all individuals from employment discrimination based on sex or gender.

Question 19

Which of the following prohibits advertising for male or female employees in help-wanted notices (apart from a few exceptions)or maintaining separate seniority lists for male and female employees?

A)Bona fide occupational qualification (BFOQ)
B)Section 703
C)Equal Pay Act
D)The Bennett Amendment

Question 20

When an employer places additional requirements on employees of a certain gender, but not on employees of the opposite gender, this is known as:

A)leave discrimination.
B)sexual harassment.
C)gender-plus discrimination.
D)equal pay discrimination.

Question 21

Pay differentials between employees of different sexes is allowed when the differential is due to seniority, merit or productivity-based pay system, or factor other than sex under:

A)Section 704(k)of Title VII.
B)National Labor Relation Board.
C)Section 703(e) (1)of Title VII.
D)Section 703(h)of Title VII.

Question 22

In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII?

A)Fountain v. Safeway Stores, Inc.
B)Carroll v. Talman Federal Savings & Loan Assoc.
C)Baker v. California Land Title Co.
D)Willingham v. Macon Tel. Publishing Co.

Question 23

Under the Family and Medical Leave Act, the employer may deny leave to employees, who are designated as:

A)"employees on probation".
B)mandatory employees.
C)"key employees".
D)temporary employees.

Question 24

______ state(s)that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances.

A)The National Labor Relation Board
B)The Occupational Safety and Health Act
C)EEOC guidelines
D)U.S. Constitution

Question 25

In City of Los Angeles v. Manhart, a group of female employees filed suit against the department, alleging that the practice of making female employees pay higher contributions to receive equal benefits upon retirement violated Title VII. The trial court held that, the department's practice:

A)amounted to discrimination on the basis of age.
B)amounted to illegal sex discrimination.
C)was legal under the BFQQ exception of Title VII.
D)amounted to discrimination based on nationality.

Question 26

Harassment where the employee's response to the harassment is considered in granting employment benefits is called:

A)hostile environment harassment.
B)mental harassment.
C)defamation.
D)quid pro quo harassment.

Question 27

Plaintiffs often file suit under both ______ and the Equal Pay Act.

A)the Sarbanes-Oxley Act
B)Title VII
C)the National Labor Relations Act
D)the Executive Order

Question 28

Identify the case in which the Supreme Court held that the organization's refusal to cover pregnancy or related conditions under its sick-pay plan, in spite of having male-specific disabilities such as vasectomies covered, did not violate Title VII?

A)Newport News Shipbuilding and Dry Dock Co. v. EEOC.
B)Goss v. Exxon Office Systems Co.
C)General Electric v. Gilbert.
D)U.A.W. v. Johnson Controls, Inc.

Question 29

In ______ the court held that a proliferation of pornographic material featuring nude women did create a hostile working environment for female employees.

A)Scott v. Sears, Roebuck & Co.
B)Harris v. Forklift Systems
C)Barbetta v. Chemlawn Services Corp.
D)None of these answers.

Question 30

The remedies available under a government suit for the violation of Pay Discrimination Act include:

A)injunction and back pay with interest.
B)criminal proceedings and coverage for damages.
C)criminal proceedings and back pay with interest.
D)injunction and coverage for damages.

Question 31

Prior to the U.S. Supreme Court decision in_______, the federal courts had consistently held that Title VII's prohibition of discrimination based on gender does not extend to discrimination against homosexuals or lesbians.

A)Smith v. City of Salem, Ohio
B)Price Waterhouse v. Hopkins
C)Nichols v. Azteca Restaurant Enterprises, Inc.
D)None of these answers.

Question 32

In Nevada Dept. of Human Resources v. Hibbs, the Supreme Court held that the Eleventh Amendment of the Constitution does not grant the states immunity from suits for damages by employees under which of the following acts?

A)National Labor Relation Board
B)Family and Medical Leave Act
C)Equal Pay Act
D)Gender Discrimination Act

Question 33

In which case did the court hold that the dangers presented by conditions in Alabama maximum security prisons would reduce the ability of female guards to maintain order and would pose dangers to the female guards and other prisoners?

A)Dothard v. Rawlinson.
B)Hackworth v. Progressive Casualty Insurance Co.
C)Harris v. Forklift Systems, Inc.
D)None of these answers.

Question 34

In which of the following cases did the court hold that a male employee who was subjected to abuse and ridicule by managers and coworkers because of his effeminate appearance had established a claim under Title VII?

A)Price Waterhouse v. Hopkins.
B)Willingham v. Macon Tel. Publishing Co.
C)Baker v. California Land Title Co.
D)Nichols v. Azteca Restaurant Entreprises, Inc.

Question 35

According to ___________ is it lawful for women to be permitted to wear long hair while males are not permitted to have hair below the collar in a workplace.

A)Title VII.
B)the U.S. Constitution.
C)Occupational Safety and Health Act.
D)National Labor Relation Board's regulations.

Question 36

An act that amends Title VII by extending the time limit for filing suit for pay discrimination cases is known as the:

A)Limitation Act.
B)Fair Labor Standards Act.
C)Age Discrimination Act.
D)Lilly Ledbetter Fair Pay Act.

Question 37

In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that using an employee's prior salary to determine pay for employees in a training program was not precluded by the:

A)Equal Pay Act.
B)Gender Discrimination Act.
C)National Labor Relation Act.
D)Occupational Safety and Health Act.

Question 38

In Harris v. Forklift Systems, Inc., the Supreme Court used which standard to make its decision?

A)The reasonable person standard.
B)The reasonable woman standard.
C)The reasonable victim standard.
D)None of these answers.

Question 39

In Spalding v. University of Washington and A.F.S.C.M.E. v. State of Washington , the U.S. Court of Appeals for the Ninth Circuit held that a plaintiff bringing a Gunther -type claim under Title VII must establish the evidence of:

A)validity of job requirement.
B)comparable worth.
C)disparate treatment.
D)disparate impact.

Question 40

In which decision was it held that an employer may permit women to wear long hair while males are not permitted to have hair below the collar?

A)Willingham v. Macon Tel. Publishing Co.
B)County of Washington v. Gunther
C)Spalding v. University of Washington
D)A.F.S.C.M.E. v. State of Washington

Question 41

Explain Hostile Environment Harassment.

Question 42

What is gender discrimination?

Question 43

What is the provision relating to pregnant women working in hazardous condition?

Question 44

Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care. The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay. She later filed a suit against her employer alleging violation of Title VII. Under the assumption that Olivia is a productive employee, the court most likely held that:

A)the employer did not violate Title VII.
B)Olivia is entitled for leave under FMLA.
C)Olivia was not entitled to the leave.
D)Olivia violated Title VII by filing suit against employer.

Question 45

What is Bona Fide Occupational Qualification?

Question 46

In Smith v. City of Salem, Ohio, Greenamyer suspended Smith for one twenty-four hour shift, based on his alleged infraction of a City and/or Fire Department policy. Smith filed suit in the federal district court alleging:

A)pay discrimination in violation of Title VII.
B)sex discrimination and retaliation in violation of Title VII.
C)violation of National Relation Board by Greenamyer.
D)violation of Title VII by discriminating her on the basis of religion.

Question 47

Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in the form of:

A)injunction.
B)imprisonment.
C)liquidated damages.
D)specific performance.

Question 48

Which state legislation provides pregnancy leave?

Question 49

To whom does the Family and Medical Leave Act apply?

Question 50

James and Cameron applied for the position of an assistant professor at Luthans University. Though Cameron had more experience and was better qualified, the University Board rejected her job application. The Board felt that as a woman, Cameron would not be able to maintain discipline in her class since most of the students were male. James' job application was considered and he was later hired. In this case, the University Board:

A)violated the provisions of Title VII of the Civil Rights Act.
B)does not violate Title VII since they could demonstrate a BFOQ exception.
C)does not violate Title VII but violates EEOC.
D)does not violate either Title VII or EEOC since gender was part of the required skills.

Question 51

What are the important aspects of the Family and Medical Leave Act?

Question 52

Jack and Adam were the employees of Steel Co. Inc. Both of them performed equal work in the industry, however, the company decided to give a 40 percent hike to Jack because he was senior to Adam, whereas Adam was only given a 20 percent pay hike to his salary. In this scenario, the company wage differential is justified under the:

A)Bennett Amendment.
B)discretionary power of company.
C)public policy exception.
D)Lilly Ledbetter Fair Pay Act.

Question 53

A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion. However, the test was not mandatory for male candidates. A group of female candidates filed a lawsuit against the company. In this instance, the court most likely held that the company violated:

A)Title VII, on the basis of gender stereotyping.
B)Title VII, on the basis of gender-plus discrimination.
C)Title VII, on the basis of national origin.
D)National Labor Relation Act.

Question 54

A female employee was asked by her male supervisor to sleep with him if she wanted a satisfactory evaluation and recommendation for promotion. When she refused, she was subjected to negative evaluation, disciplinary suspensions, and she was ultimately fired. This action of supervisor can be termed:

A)hostile environment harassment.
B)sex discrimination.
C)quid pro quo harassment.
D)regional discrimination.

Question 55

Explain the provision of the Equal Pay Act.

Question 56

Scarlett applied for a job as personal shopper in a boutique for exclusive menswear. The boutique rejected her application since the job also required assisting male customers in the fitting rooms which was a business necessity and was inappropriate for a female employee. In this case, the department is justified under:

A)public policy exception.
B)bona fide occupational qualification.
C)employment-at-will.
D)gender stereotyping.

Question 57

Wendell was fired without sufficient reason by her company once they became aware of her pregnancy. The company assumed that the Wendell was likely to be absent from work for lengthy periods due to her pregnancy and the ensuing responsibilities of parenthood. In this circumstance, Wendell has a remedy under the:

A)Equal Pay Act.
B)National Labor Relation Act.
C)Pregnancy Discrimination Act.
D)Occupational Safety and Health Act.

Question 58

Central Airlines decided to give 30 percent pay hike to stewards and 15 percent pay hike to stewardesses, even though they were performing substantially similar kind of work. In this case, the airlines has most likely violated the:

A)Wage and Compensation Act.
B)Sarbanes-Oxley Act.
C)National Labor Relation Board.
D)Equal Pay Act.

Question 59

Define the Bennett Amendment.

Question 60

What is the procedure to file suit under Equal Pay Act?

Question 61

What is the provision under Title VII with respect to gender discrimination? Explain "gender-plus" discrimination.

Question 62

What is sexual harassment? Explain employer liability for sexual harassment.

Question 63

Explain the coverage of the Equal Pay Act.

Question 64

Explain the leave provision under FMLA.

Question 65

What are the conditions to receive family temporary disability insurance benefits?